What are reissue applications according to MPEP 201.01?
MPEP 201.01 briefly mentions reissue applications as one of the types of national applications. Specifically, it states: ‘National applications include original applications and reissue applications (filed under 35 U.S.C. 251).’ Reissue applications are a specialized type of patent application used to correct errors in an already issued patent. They are governed by 35 U.S.C. 251,…
Read MoreWhat are reissue applications and when are they used?
Reissue applications are used to correct errors in already issued patents. According to MPEP 201: ‘An application for reissue is made by the patentee when the patent is, through error without any deceptive intention, deemed wholly or partly inoperative or invalid, by reason of a defective specification or drawing, or by reason of the patentee…
Read MoreWhat is a reissue application in patent law?
A reissue application is a type of patent application used to correct errors in an already issued patent. According to MPEP 201: “An application for reissue of a patent is an application for a new patent to correct an error in an existing patent.” Reissue applications are filed when the original patent is wholly or…
Read MoreCan I perfect a claim for foreign priority after my patent has been issued?
Yes, you can perfect a claim for foreign priority after your patent has been issued. There are two main methods: Certificate of Correction: This is generally the preferred method if the requirements of 37 CFR 1.55 are met and no further examination is required. As stated in the MPEP, Except in certain situations, a certificate…
Read MoreWhat happens if a priority claim is filed after the issue fee is paid?
If a priority claim or the certified copy of a foreign application is filed after the issue fee is paid, it will not automatically be included in the patent. The MPEP Section 213.04 states: “If the claim for priority or the certified copy of the foreign application is filed after the date the issue fee…
Read MoreWhen is a reissue application necessary to perfect a foreign priority claim?
A reissue application is necessary to perfect a foreign priority claim in the following situations: When the requirements of 35 U.S.C. 119(a)-(d) or (f) were not satisfied in the patented application or its parent prior to issuance. When the requirements of 37 CFR 1.55 are not met. When the correction sought would require further examination.…
Read More